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Chapter 11

Congress: Balancing National Goals and Local Interests

Learning Objectives

Having read the chapter, the students should be able to do each of the following:

1. Explain why incumbents have such great electoral success and why they sometimes lose.

2. Discuss the relationship between incumbency success and democratic responsiveness.

3. Identify the major leadership positions in Congress and explain the sources of leadership powers.

4. Describe the differences and similarities in strategy and responsibilities between the House and Senate leaderships.

5. Discuss the role of the congressional committee system.

6. Identify the major parts of the legislative bureaucracy and assess the impact of those agencies on the performance of Congress.

7. Define and explain the three major policymaking functions of Congress. Analyze to what degree these roles are complementary, competitive, or mutually exclusive.

8. Describe how the preoccupation of representatives with local concerns has affected their ability to carry out Congress’ functions.

9. Explain the effect of partisanship on congressional effectiveness, and summarize recent trends in the rise and fall of partisan and other influences on voting patterns in Congress.

Chapter Outline

I. Congress as a Career: Election to Congress

A. Using Incumbency to Stay in Congress

1. The Service Strategy: Taking Care of Constituents

2. Campaign Fund-Raising: Raking in the Money

3. Redistricting: Favorable Boundaries for House Incumbents

B. Pitfalls of Incumbency

1. Disruptive Issues

2. Personal Misconduct

3. Turnout Variation: The Midterm Election Problem

4. Primary Election Challengers

5. General Election Challengers: A Problem for Senators

6. A New Threat: Super PACs

D. Who Are the Winners in Congressional Elections?

II. Parties and Party Leadership

A. Party Unity in Congress

B. Party Leadership in Congress

1. House Leaders

2. Senate Leaders

III. Committees and Committee Leadership

A. Committee Jurisdiction

B. Committee Membership

C. Committee Chairs

D. Committees and Parties: Which Is in Control?

IV. How a Bill Becomes Law

A. Committee Hearings and Decisions

B. From Committee to the Floor

C. Leadership and Floor Action

D. Conference Committees and the President

V. Congress’s Policymaking Role

A. The Lawmaking Function of Congress

1. Broad Issues: Fragmentation as a Limit on Congress’s Role

2. Congress in the Lead: Fragmentation as a Policymaking Strength

B. The Representation Function of Congress

1. Representation of States and Districts

2. Representation of the Nation through Parties

C. The Oversight Function of Congress

VI. Congress: An Institution Divided

Focus and Main Points

The framers of the Constitution regarded Congress as the preeminent branch of the federal government and granted it the most important of all the powers of government, the power to make the laws. Congress is granted the authority even to decide the form and function of the executive departments and the lower courts. No executive agency or lower court can exist unless authorized by Congress.

The framers’ vision of a preeminent Congress has not fully met the test of time, however. Developments in the twentieth century served to shift power from Congress to the presidency and, today, both institutions have a central role in lawmaking. The points emphasized in the chapter are these:

• Congressional elections have a local orientation and usually result in the reelection of the incumbent. The congressional office provides incumbents with substantial resources (free publicity, staff, and legislative influence) that give them (particularly House members) a major advantage in election campaigns.

• Leadership in Congress is provided by party leaders, including the Speaker of the House and the Senate majority leader. Party leaders are in a more powerful position today than a few decades ago because the party caucuses in Congress are more cohesive than in the past.

• The work of Congress is done mainly through its committees and subcommittees, each of which has its own leadership and its designated policy jurisdiction.

• Congress lacks the central direction and hierarchical organization required to provide consistent leadership on major national policies, which has allowed the president to assume this role. On the other hand, Congress is well organized to handle policies of narrower scope.

• Republican s and Democrats in Congress have become more polarized in recent decades with legislative deadlock and delay among the consequences.

• Congress’s policymaking role is based on three major functions: lawmaking, representation, and oversight.

Chapter Summary

Members of Congress, once elected, are likely to be reelected. Members of Congress can use their office to publicize themselves, pursue a service strategy of responding to the needs of individual constituents, and secure pork-barrel projects for their states or districts. House members gain a greater advantage from these activities than do senators, whose larger constituencies make it harder for them to build close personal relations with voters and whose office is more likely to attract strong challengers. Incumbency does have some disadvantages. Members of Congress must take positions on controversial issues, may blunder into political scandal or indiscretion, must deal with changes in the electorate, or may face strong challengers; any of these conditions can reduce members’ reelection chances. By and large, however, the advantages of incumbency far outweigh the disadvantages. Incumbents’ advantages extend into their reelection campaigns: their influential positions in Congress make it easier for them to raise campaign funds from PACs and individual contributors.

Congress is a fragmented institution. It has no single leader; rather, the House and Senate have separate leaders, neither of whom can presume to speak for the other chamber. The principal party leaders of Congress are the Speaker of the House and the Senate majority leader. They share leadership power with committee and subcommittee chairpersons, who have influence on the policy decisions of their committee or subcommittee.

It is in the committees that most of the day-to-day work of Congress is conducted. Each standing committee of the House or the Senate has jurisdiction over congressional policy in a particular area (such as agriculture or foreign relations), as does each of its subcommittees. In most cases, the full House and Senate accept committee recommendations about the passage of bills, although amendments to bills are quite common and committees are careful to take other members of Congress into account when making legislative decisions. Congress is a legislative system in which influence is widely dispersed, an arrangement that suits the power and reelection needs of its individual members. However, partisanship is a strong and binding force in Congress. It is the basis on which party leaders are able to build support for major legislative initiatives. On this type of legislation, party leaders and caucuses, rather than committees, are the central actors.

The major function of Congress is to enact legislation. Yet the role it plays in developing legislation depends on the type of policy involved. Because of its divided chambers and committee structure, as well as the concern of its members with state and district interests, Congress, through its party leaders and caucuses, only occasionally takes the lead on broad national issues. Congress instead typically looks to the president for this leadership. Nevertheless, presidential initiatives are passed by Congress only if they meet its members’ expectations and usually only after a lengthy process of compromise and negotiation. Congress is more adept at handling legislation that deals with problems of narrow interest. Legislation of this sort is decided mainly in congressional committees, where interested legislators, bureaucrats, and groups concentrate their efforts on issues of mutual concern.

A second function of Congress is the representation of various interests. Members of Congress are highly sensitive to the state or district on which they depend for reelection. They do respond to overriding national interests, but for most of them local concerns generally come first. National or local representation often operates through party representation, particularly on issues that divide the Democratic and Republican parties and their constituent groups, which is increasingly the case.

Congress’s third function is oversight—the supervision and investigation of the way the bureaucracy is implementing legislatively mandated programs. Although oversight is a difficult process, it is an important means of legislative control over the actions of the executive branch.

Major Concepts

incumbent

The current holder of a particular public office.

constituency

The people residing within the geographical area represented by an elected official.

pork (pork-barrel spending)

Spending whose tangible benefits are targeted at a particular legislator’s constituency.

service strategy

Use of personal staff by members of Congress to perform services for constituents in order to gain their support in future elections.

open-seat election

An election in which there is no incumbent in the race.

reapportionment

The reallocation of House seats among states after each census as a result of population changes.

redistricting

The process of altering election districts in order to make them as nearly equal in population as possible. Redistricting takes place every ten years, after each population census.

gerrymandering

The process by which the party in power draws election district boundaries in a way that is to the advantage of its candidates.

midterm election

The congressional election that occurs midway through the president’s term of office.

bicameral legislature

A legislature that has two chambers (the House and the Senate, in the case of the United States).

party leaders

Members of the House and Senate who are chosen by the Democratic or Republican caucus in each chamber to represent the party’s interests in that chamber and who give some central direction to the chamber’s work.

party caucus

A group that consists of a party’s members in the House or Senate and that serves to elect the party’s leadership, set policy goals, and plan party strategy.

party unity

The degree to which a party’s House or Senate members act as a unified group to exert collective control over legislative action.

standing committees

Permanent congressional committees with responsibility for a particular area of public policy. An example is the Senate Foreign Relations Committee.

jurisdiction (of a congressional committee)

The policy area in which a particular congressional committee is authorized to act.

seniority

A member of Congress’s consecutive years of service on a particular committee.

bill

A proposed law (legislative act) within Congress or another legislature.

mark up

The authority of congressional committees (and subcommittees in some cases) to change the content of a bill.

cloture

A parliamentary maneuver that, if a three-fifths majority votes for it, limits Senate debate to thirty hours and has the effect of defeating a filibuster.

filibuster

A procedural tactic in the U.S. Senate whereby a minority of legislators prevent a bill from coming to a vote by holding the floor and talking until the majority gives in and the bill is withdrawn from consideration.

rider

An amendment to a bill that deals with an issue unrelated to the content of the bill. Riders are permitted in the Senate but not in the House.

conference committees

Temporary committees formed to bargain over the differences in the House and Senate versions of a bill. A conference committee’s members are usually appointed from the House and Senate standing committees that originally worked on the bill.

law (as enacted by Congress)

A legislative proposal, or bill, that is passed by both the House and the Senate and is not vetoed by the president.

veto

The president’s rejection of a bill, thereby keeping it from becoming law unless Congress overrides the veto.

lawmaking function

The authority (of a legislature) to make the laws necessary to carry out the government’s powers.

representation function

The responsibility of a legislature to represent various interests in society.

logrolling

The trading of votes between legislators so that each gets what he or she most wants.

oversight function

A supervisory activity of Congress that centers on its constitutional responsibility to see that the executive branch carries out the laws faithfully and spends appropriations properly.

Lecture Outline

This lecture outline closely follows the text in its organization. The instructor can use this outline as a lecture aid.

Congress has a dual-nature; it is both a lawmaking institution for the nation and a representative assembly for the states and districts. The framers intended Congress to be first among equals, but changes in the twentieth century have shifted the balance of power toward the presidency.

I. Congress as a Career: Election to Congress

Congressional careerism is the norm in the modern Congress, and the first reason for careerism is the existence of safe seats.

• Some states and districts are so heavily Republican or Democratic that the candidate of the majority party nearly always wins.

• Senators must be at least 30 years of age; their counterparts in the House must be at least 25 years of age.

• An incumbent promotes his or her reelection prospects by catering to their constituency. The pull between serving local or national interests is a constant question for lawmakers in Congress.

• Members of Congress can use their incumbency to attain electoral mastery, raise campaign funds, claim credit for congressional achievements, perform constituency services, and garner publicity.

• Incumbency can also have its drawbacks. Improper conduct, troublesome issues, variation in turnout, strong challengers, and redistricting (for House members) can hurt an incumbent in an election.

• Incumbents with moderate views now tend to have a harder time in primary elections because of the widening ideological gulf between the parties.

• The winners of congressional seats are not representative of the general population. Members of Congress tend to be disproportionately white, male, highly educated, and employed in professional settings (the most common of which is as an attorney).

II. Parties and Party Leadership

Party leadership is one of the various channels through which power is distributed in Congress. Still, members in Congress retain a great deal of independence because they are largely responsible for getting themselves elected.

• The party leaders in the House are the Speaker, the majority and minority leaders, and the majority and minority whips. The Speaker is the most powerful, with the power to control legislation and the rules.

• The Senate party leaders are the majority and minority leaders and the majority and minority whips; the president pro tempore of the Senate is a largely honorary position. The majority leader has powers similar to those of the Speaker of the House. The vice president is the presiding officer but rarely presides except to break a tie vote.

• Party leaders have some formal powers but their influence rests mainly on the fact that their colleagues entrust them with the leadership.

• Committee chairpersons are another important source of leadership in Congress.

• Committee chairs are always members of the majority party and are usually chosen according to the seniority principle.

• The seniority system has the advantages of reducing power struggles, providing experienced leadership, and rewarding committee service.

• The seniority system is less controlling than in the past; measures have been passed to reduce its strict rule and resulting abuses.

III. Committees and Committee Leadership

• Most of the business of Congress is done in committees and subcommittees.

• Committees can be divided into three important types: standing, select, and conference. Standing committees are permanent, while select committees are created to perform specific tasks. Conference committees are formed to work out differences between House and Senate versions of a particular bill.

• Committees and subcommittees are essential for dealing with the workload of Congress; committee staffs perform an almost entirely legislative function.

• Committee jurisdiction refers to the policy area that falls within a committee’s authority.

• Responsibility in Congress is thoroughly divided, with each subcommittee or committee having formal authority over a particular area of public policy.

• Committee membership varies, but the majority party has the majority of seats and holds the chair of each committee or subcommittee.

• Committee chairs are selected through a system of seniority, though this system is not absolute and less strictly adhered to now than in the past.

IV. How a Bill Becomes Law

A bill is first proposed by a member of Congress, introduced into the House or Senate, and then sent to a relevant committee. If considered to have merit, the bill will be sent to the floor of that chamber for debate (though an opposing party can prevent floor debate through a filibuster).

• If a bill emerges from committee with the support of nearly all its members, it will most likely be passed by the vote of the full chamber.

• A bill passed by both houses must be reconciled into an identical bill through conference committee.

A bill must be passed in identical form by both chambers of Congress before it is forwarded to the president for approval. In the case of a presidential veto, Congress must secure an overriding vote (a 2/3 majority vote in both chambers) to finally make it law. The lengthy and complex legislative process helps ensure that most legislation (about 90%) is killed before it reaches the president’s desk.

V. Congress’s Policymaking Role

Congress is ill-designed to develop national policies or undertake comprehensive planning.

• Fragmentation of its authority and workload works against Congress’s ability to take the lead in formulating national policies.

• The members’ reelection needs are a further obstacle to developing or implementing broad national policies.

Congress is well-designed to deal with narrow policy issues and local concerns. Committees and various congressional caucuses help advance local and special interests. The decentralized nature of the legislative process ensures that major national legislation faces greater obstacles than those focusing on narrow policy issues.

Committee staffs and congressional agencies aid Congress in managing its ever-increasing workload.

• Committee staffs perform legislative functions that also contribute to the fragmentation of congressional power.

• Congress generally takes presidential initiatives only as a starting point and amends them significantly. The success of a presidential initiative is largely dependent on which party is in control of Congress.

• In general, Congress looks to the president to initiate significant policy measures, but then often acts to delay and modify these initiatives. Congress’s role in areas of national importance is often reactive. The president has the advantage of being a singular authority and representing a national political base.

• There are three congressional agencies (GAO, CRS, and CBO) and each supplies Congress with information and technical advice.

The representation function of Congress is a constant struggle between representatives’ duty to the nation and duty to their constituents—and the need to get reelected. Most members of Congress have a local orientation, despite the constitutional emphasis on their higher duty to the nation.

• Members of Congress are wary of antagonizing local interests, and often advance constituent concerns through practices such as logrolling and pork barrel politics.

• Congress’s fragmented nature leads it to succeed at “distributive” legislation, in which it distributes benefits to a particular group while spreading the costs across the taxpaying public.

• Political partisanship is a key factor in determining the stand that members of Congress will take, particularly on national issues and those involving a conflict of interests. Republicans and Democrats do differ on their basic philosophies and along the liberal-conservative dimension. More than half the time, presidential initiatives split along party lines.

Oversight is the congressional function of ensuring that the executive branch implements the law faithfully and spends allocated money properly.

• Oversight is an important, but often unrewarding, congressional function and is hence often awarded lowest priority in relation to the other functions.

• Oversight is pursued vigorously only when committee members are displeased with a particular agency, when particular program requires major changes, or when there is the appearance of a scandal or wrongdoing, especially by the opposition political party.

• Congress has the ability to restrain bureaucratic action, but often does not follow through; the biggest obstacle to effective oversight is the sheer magnitude of the task.

VI. Congress: An Institution Divided?

Congress reflects the individualism and diversity that characterizes the United States as a nation.

• Congress closely reflects aspects of American culture like individualism, and in some senses can be considered a microcosm of American diversity.

• The weaknesses of Congress are its inability to address broad national issues in a coherent fashion, and its tendency to cater to special interests.

• The enduring question about Congress is this: Does Congress lean too far toward the local and the particular, at the expense of the greater national public interest?

Complementary Lecture Topics

The following are suggestions for lectures or lecture topics that will complement the text. In general, these topics assume that students have read the chapter beforehand.

• Today, the combination of safe seats and the incumbency advantage makes it difficult for challengers to remove members of Congress from office. Does this mean that voters no longer have a real choice during elections? What does safe incumbency imply for public influence on the legislative process?

• Americans tend to hold a negative view of Congress as an institution, often accompanied by a favorable impression of their local representative. Can this apparent contradiction be explained by the constituency orientation of many members of Congress?

• Compared to legislatures of other Western democracies, which put more emphasis on party leadership and unity, Congress is far more individualistic by nature. Why? What are the advantages and disadvantages of each system? Which interests tend to dominate each system?

• Congressional careerism was not widespread in nineteenth-century America, but has become the norm in present-day American politics. Relate this development to social, economic, and political change, and assess its implications.

• Some analysts maintain that the United States is poorly served by a Congress that is often beset by inaction and localism. Supporters of Congress maintain that the institution is a superior deliberative and representative institution. Which argument is the more persuasive, and why?

• The focus of members of Congress on local and constituent concerns can be explained

by the importance of these issues to reelection. Should steps (such as a constitutional limit on length of service in Congress) be taken to reduce the policy influence of reelection pressure?

• Discuss the policymaking relationship between the president and Congress in terms of the distribution of power between the two institutions. What impact would a line-item veto have on this relationship?

• What are the chances of Congress formulating a successful national drug policy (or any similar policy)? How would the fragmented nature of Congress affect the policymaking process? What would be the sources of leadership and information within the institution?

Class Discussion Topics

1. Congress, a national institution, seems increasingly incapable of presenting constructive responses to national problems such as health care, drug policy, revision of social services, changing orientation of the military, and other issues. Can this be overcome within the existing institutional structure of Congress? What role can the American people and interest groups play in addressing important issues?

2. Trace the voting patterns of your own members of Congress (including U.S. senators if you wish) to determine if their activities fit into the Burkean, party, or instructed delegate roles for members of Congress. Take this as an opportunity to acquaint students with sources of information about the voting activities of their own members of Congress.

3. Look up congressional investigations back to the Nixon administration, identifying the purpose and topic of the investigations. Find out how much money has been spent so far on each investigation. Talk about the purpose for such investigations, and evaluate their worth to the American political system.

4. Have students research, identify, and distinguish among the various roles members of Congress can adopt, such as the Burkean (trustee) role, instructed delegate, responsible party role and more. Look at differences in the ways that women and minorities serve their constituents and the use of caucuses to focus interests of members.

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